Bill to limit smoking in cars still alive in Senate

RICHMOND – A bill to forbid smoking in cars carrying children is dead in the House, but a similar proposal remains alive in the Senate.

House Bill 1366, sponsored by Del. Joseph Morrissey, D-Richmond, would have made it illegal to smoke in a car if a child under 13 was a passenger.

The legislation would have made violations a secondary offense, meaning drivers could be cited only if pulled over for another reason. Violators could have been fined $100 under Morrissey's bill.

A subcommittee of the House Committee on Militia, Police and Public Safety deadlocked 3-3 on whether to recommend approval of the bill. As a result, the motion failed.

There is still hope for the anti-smoking legislation. Sen. Ralph Northam, D-Norfolk, has introduced Senate Bill 975. It is like Morrissey's proposal but would ban smoking when children under 15 are in the vehicle.

Northam's bill initially was referred to the Senate Transportation Committee. Last week, that panel sent it to the Senate Courts of Justice Committee.

Arkansas, Louisiana, California, Maine and Puerto Rico all have such laws. The age of the minor varies from state to state. Anti-smoking advocates would like to see Virginia join that list.

"Virginia is far behind what other states have," said Bronson Frick, an assistant director of Americans for Nonsmokers' Rights, a national advocacy group.

Northam is sponsoring a second bill (SB1253) that would let local governments ban smoking in public areas such as parks and beaches.

Virginia bans smoking in restaurants, but the state law doesn't cover other areas. "It'd help Virginia be a part of a trend with most of the United States," Frick said.